Article by Laurence Cohen and Boris Uphoff
Litigants who operate multi-nationally and who are possessed of worldwide patent rights face a spectrum of choices when selecting the forum most consistent with their litigation objectives and budget constraints. The authors provide help in selecting the right forum for each circumstance.
Europe’s court system is fragmented, with no federal system for patent purposes (unless the core infringer is Dutch), and with courts having competence and jurisdiction only within their locality. However, patent enforcement actions in Europe can be worthwhile, especially where the effect of the infringement is likely to be severe price depression in a patent owner’s product that competes with the subject of the infringement.
